Imputation Of The Victim’s Own Risk In Negligent Crime

The researchers started focusing on the risk of victim self-entrapment quite late in the criminal law area in China,the heat shows a trend of rapid rise.This is because the victim to the risk that a relatively new problem there is a vast prospect of research,not only involves whether to need to pay attention to and how to arrange the role of the victim in the criminal theory system,also with the victim consent,crime theory,theory of fault,causality theory has crossed the traditional criminal law theory,theory of stark opposition and controversy,at the same time,Chinese scholars study a large number of German and Japanese criminal law theory is introduced,and brings the challenge of the legal transplant and nativization,so although the victim of a risk to the research in China has developed for a time,but still from systematic standard to solve the problem,The goal of providing precise guidance for judicial practice is far from being the same.The author focuses on the problem of the victim’s self-entrapment risk in the fault offense,and thinks that to solve the problem of the victim’s self-entrapment risk needs to rely on the existing theory of the fault offense,and to judge the impact of the victim’s self-entrapment risk on the perpetrator’s illegal behavior is also to explore the objective illegal structure and judgment rules of the fault offense.On the occasion of negligent offense,the doer’s behavior often causes the result,and the behavior of the doer is illegal behavior.The objective identification of wrongful offense will be completed by judging the conditional relationship at most.The duty of care,which is emphasized in the new theory of negligence,can be regarded as a violation of the duty of care of the general public.no matter it directly creates the danger of legal interest infringement or just participates in the process of the victim creating the danger by himself,so it cannot escape the identification of illegality.Not all the circumstances of the victim’s own risk can not affect the perpetrator’s lawless,not all the victim’s own risk is only by the victim’s own suffering,to solve the objective accountability of the victim’s own risk or from the implementation of the behavior of the judgment.The author in sure the victim a responsibility principle to solve the problem of the victim is a risk to the train of thought,to advocate the victim a self responsibility principle figures as negligent crime objective behavior rules of a judgment,and lists the victim a self rule of concrete applicable conditions in order to achieve materially specification to determine negligence crime purpose.This paper is divided into four chapters.The first chapter is the overview part,involving the concept of the victim’s own risk and related concepts,the victim’s own risk classification and the differentiation of the negation of the statement,the author agreed with the differentiation of the negation of the personal point of view.The second chapter mainly answers the particularity of the study of the victim’s risk of negligence,This section focuses on my position on the theory of negligence,the difference between the risk of victim negligence and intentional crime research.In the third chapter,the author of the victim to the risk problem of processing path to examine and determine the final solution-the victim of a self responsibility,mainly demonstrated "the core is to solve the problem of the victim is a risk to the self-determination",doctrine and the self-determination of two kinds of criminal law theory that agreed to the victim and the victim a self responsibility theory has carried on the review of the final affirmed the victim a responsibility of the self as the treatment scheme of the path;Chapter iv for the author to the victim a self responsibility theory of how to solve the negligent crime victims to the risk problem of concrete,the author in to further clarify the connotation of the victim a responsibility theory under the premise of advocating the victim a self responsibility for negligent crime in Chinese criminal law system realization is a judgment rule of behavior,and expounds the rules apply to specific conditions and ruled out.